NAC445A.67587. Environmental assessment: Preparation; contents; public review and comment; submission.

     1. If the Division determines that a water project is ineligible for a categorical exclusion, the applicant shall prepare an environmental assessment for the water project. The environmental assessment may make reference to specific sections of the application in lieu of duplicating information found in the application.

     2. The environmental assessment must include, without limitation:

     (a) A description of the proposed water project;

     (b) The purpose of the proposed water project;

     (c) A summary description of the need for the proposed water project, including, without limitation, a description of the severity and extent of existing public health or water quality problems;

     (d) A description of the environmental setting of the proposed water project and prediction of what the future of the environmental setting would be without the water project;

     (e) A description of the full range of relevant environmental impacts of the proposed action, including, without limitation, a description of measures taken by the applicant to mitigate adverse impacts and of any irreversible commitments of resources to the water project;

     (f) A comparative analysis of feasible alternatives to the water project, including, without limitation, the alternative that the water project not be constructed, reviewed with respect to:

          (1) Capital and operating costs;

          (2) Direct, indirect and cumulative environmental effects;

          (3) Physical, legal or institutional constraints; and

          (4) Compliance with regulatory requirements;

     (g) The reasons for rejecting any alternative, including, without limitation, a description of any significant environmental benefits that will be precluded by rejection of an alternative;

     (h) A description of how any short-term detrimental impact to the environment in the short term is justified by the maintenance and enhancement of the environment from the long-term use of the facility;

     (i) Any irreversible and irretrievable commitments of resources to the proposed water project;

     (j) Documentation of any activities, meetings or coordination between the applicant and the public or any appropriate governmental agencies to identify and discuss issues associated with the proposed water project and allow public and agency review of the project;

     (k) A summary of any issues raised about, and changes made by the applicant to, the water project that were made as a result of the activities, meetings or coordination documented pursuant to paragraph (j);

     (l) Sources of information that the applicant used to describe the existing environment and to assess future environmental impacts, including, without limitation, regional, state and federal agencies; and

     (m) Any other information or documentation that the Division requests.

     3. The environmental assessment must describe any significant environmental effects that the applicant believes the proposed water project will have.

     4. The effects that the applicant describes must include, without limitation:

     (a) The primary, secondary and indirect impacts of construction;

     (b) The cumulative impacts of the applicant’s proposed water projects together with other similar actions that have been taken, regardless of who has taken them; and

     (c) The impacts on:

          (1) Threatened or endangered species;

          (2) Wetlands;

          (3) Environmentally significant agricultural land;

          (4) Fish and wildlife;

          (5) Cultural resources;

          (6) Open spaces;

          (7) Environmentally sensitive areas;

          (8) Air quality;

          (9) Groundwater and surface water quality and quantity;

          (10) Land-use plans;

          (11) Energy use;

          (12) Long-term versus short-term trade-offs of costs and benefits;

          (13) Accommodation of water projects to future population growth;

          (14) Floodplains; and

          (15) Areawide planning.

     5. Water projects funded from the Account for the Revolving Fund must conform to any state implementation plan or air quality management district plan approved or promulgated pursuant to 42 U.S.C. §§ 7401 et seq.

     6. The applicant shall make the draft environmental assessment available for review and comment by the public in a public participation process conducted pursuant to the provisions of NAC 445A.675875.

     7. After the applicant has conducted the public participation process required pursuant to the provisions of subsection 6, the applicant shall submit to the Division:

     (a) The draft environmental assessment; and

     (b) A summary of the results of the public participation process, including, without limitation, any public comments submitted to the applicant relating to the draft environmental assessment.

     (Added to NAC by Bd. of Health by R067-98, eff. 7-23-98; A by Environmental Comm’n by R128-04, 2-14-2005)